A federal judge ordered the Department of Justice to release grand jury documents to attorneys working for former FBI Director James Comey.
“[T]he Court finds the record in this case requires the full disclosure of grand jury materials,” wrote U.S. Magistrate Judge William Fitzpatrick. He argued that “government misconduct may have tainted the grand jury proceedings,” and as a result, “disclosure of grand jury materials under these unique circumstances is necessary to fully protect the rights of the accused.”
Fitzpatrick noted that the decision is an “extraordinary remedy.”
He further argued that the “procedural and substantive irregularities that occurred before the grand jury, and the manner in which evidence presented to the grand jury was collected and used, may rise to the level of government misconduct resulting in prejudice to Mr. Comey.”
“The Court recognizes that the relief sought by the defense is rarely granted,” the judge wrote. “However, the record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding.”
Justice Department prosecutors have since urged the district court to freeze Fitzpatrick’s order, arguing that he “may have misinterpreted some facts he found when issuing the latest order to release the grand jury materials to the defendant.”
“The possible exposure of privileged materials to the grand jury was the primary focus of the Magistrate Judge’s inquiry. Having seemingly settled that issue, the Magistrate Judge turns to premature issues such as suppression that have not even been briefed by the parties,” the filing reads.
Earlier this month, the DOJ called for a federal judge to reject former FBI Director James Comey’s claim that he was selectively prosecuted by the Trump administration.
